During a hearing in a copyright infringement case about TV programs the alleged infringer’s attorney argued that the “cloud computing industry is freaked out about this case” and that a ruling against Aereo would expose the “the cloud industry” to “potentially ruinous liability” as reported by the New York Times.

However can the Supreme Court really understand the cloud?  “The Aereo case is being decided by people who call iCloud ‘the iCloud.’ Yes, really” was a Washington Post blog which poked fun at the Supreme Court Justices that they did not really have a clue about the technology in dispute.

Computerworld reported that Aereo’s position before the Supreme Court that:

Aereo does not trigger the so-called public performance clause in U.S. copyright law, and should not have to pay royalties, because it gives subscribers access only to TV stations that are available over the air for free.

While copyright law requires royalties for public performances, defined as a performance “at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered,” Aereo provides a personalized service to each subscriber.

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Tags: Aereo, Supreme Court, Supreme Court justices, US Supreme Court Hears Argument